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FISHER AND PAYKEL HEALTHCARE LIMITED..... Petitioner
Through: Mr. Hari Subramaniam and Mr.Sanuj Das, Advs.
Through: Mr.Harish Vaidyanathan Shankar, CGSC with Mr.Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr.Alexander Mathai Paikaday, Advs.
JUDGMENT
1. This writ petition under Article 226 of the Constitution of India assails First Examination Report 17 October 2022 issued by the Controller of Patents, whereby it has been opined that Divisional Application No.202118034146 filed by the petitioner is defective, and the petitioner has been asked to file a reply to the said FER at the earliest. O R D E R (O R A L) % 14.07.2023
2. During the course of hearing, Mr. Vaidyanathan, learned Counsel for the respondent candidly acknowledges that the impugned order has been erroneously passed under Section 59 of the Patents Act, 2000. He is agreeable to the order being set aside and application no. 202118034146 being remanded to the Controller of Patents for W.P.(C)-IPD 29/2023 passing a fresh order on the application. Needless to say, the order shall be passed strictly in accordance with the provisions of Section 16 of the Patents Act read with the applicable law in that regard.
3. In view of the peculiar facts of this case and the apprehensions expressed by Mr. Hari Subramaniam, learned Counsel for the petitioner, the Controller of Patents shall grant an opportunity of hearing to the applicant before passing a fresh order.
4. This petition stands disposed of in the aforesaid terms. Miscellaneous applications, if any, also stand disposed of.
5. Dasti C.HARI SHANKAR, J JULY 14, 2023